Patient Safety Rights Legal Advice

Introduction

The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 represents a landmark development in the promotion of transparency and accountability within Ireland’s healthcare sector. This legislation underscores the critical importance of candid communication and a comprehensive incident reporting system to advance patient safety and trust. 

At Whelan Law, our commitment lies in championing patient rights and navigating the intricacies of medical negligence. Armed with specialised expertise in patient safety legislation, we are dedicated to advocating on behalf of individuals affected by medical incidents, ensuring their voices are acknowledged.

Key Aims of the Act:

The Act is designed to:

• Enhance Patient Safety: Creating a safer healthcare environment through improved reporting and handling of incidents.
• Improve Communication: Mandating healthcare providers to engage in honest discussions with patients following medical mishaps.
• Provide Legal Protection for Open Disclosures: Encouraging healthcare professionals to share information about notifiable incidents without the fear of legal consequences, whilst still permitting patients to seek redress for medical negligence.

What the Act Means for You:

This legislation mandates a duty of candour from healthcare providers, requiring them to disclose certain serious patient safety incidents openly. If you or a loved one are affected, it is your right to be fully informed, to participate in discussions regarding the incident, and to receive an apology. This act covers various notifiable incidents, aiming to nurture a culture of openness and continuous improvement in patient care.

Understanding Notifiable Incidents:

Notifiable incidents include, among others:

• Surgery performed on the wrong patient resulting in unintended and unanticipated patient death.
• Surgery performed on the wrong site resulting in unintended and unanticipated patient death.
• Wrong surgical procedure performed on a patient resulting in unintended and unanticipated patient death.
• Unintended retention of a foreign object in a patient after surgery resulting in unintended and unanticipated patient death.
• Any unintended and unanticipated death occurring in an otherwise healthy patient undergoing elective surgery directly related to the operation or anaesthesia.
• Any unintended and unanticipated death occurring related to medical treatment, not arising from the patient's illness or underlying condition.
• Patient death due to transfusion of ABO incompatible blood or blood components, unintended and unanticipated, not arising from the patient's illness or underlying condition.
• Patient death associated with a medication error, unintended and unanticipated, not arising from the patient's illness or underlying condition.
• Unanticipated death of a woman while pregnant or within 42 days of the end of pregnancy, related to or aggravated by pregnancy management, not arising from the patient's illness or underlying condition.
• Unanticipated and unintended stillborn child without fatal foetal abnormality, related to pregnancy management, not arising from the patient's illness or underlying condition.
• Unanticipated and unintended perinatal death related to pregnancy management, not arising from the child's illness or underlying condition.
• Baby requiring or referred for therapeutic hypothermia, or considered for but not undergoing such therapy due to contraindications.
• Unintended death believed to be the suicide of a patient while under healthcare.

*Other notifiable incidents will be introduced in the future by the Minister for Health

This list serves to ensure significant incidents are disclosed, investigated, and lessons learned to prevent future occurrences.

Requesting an Open Disclosure:

If you believe you've been involved in a notifiable incident:

• Contact Us: Get in touch with Whelan Law for initial advice and support.
• Guidance: Our team will explain your rights and the subsequent steps.
• Formal Disclosure: We will aid in obtaining a formal open disclosure from the healthcare provider, ensuring compliance with the Act's stipulations.

Evaluating Your Claim:

Should a notifiable incident result in harm or loss, you might be entitled to make a claim. Our expert team at Whelan Law will:

• Conduct an exhaustive assessment of your situation.
• Offer clear, comprehensible advice on your legal options.
• Strive relentlessly to secure the justice and compensation you are due.

How Whelan Law Can Assist:

Our dedication to patient rights and safety forms the cornerstone of our practice. With profound insights into the healthcare system and legal acumen in medical negligence, we provide:

• Tailored legal counsel suited to your unique circumstances.
• A sympathetic and understanding approach to handling your case.
• Committed advocacy to achieve the optimal outcome for you and your family.

Call to Action:

You don't have to face this alone. For a confidential consultation and to learn how we can support you in the wake of a notifiable incident, reach out to Whelan Law today at +353 (0) 62 61110 or visit our website at www.whelanlaw.ie.

The information provided here is for general guidance and should not be considered as legal advice. Click here for more detailed information on the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023.